Disposed
M/S. Om Properties and Developer v. Pimpri-Chinchwad Municipal Corporation, Pimpri and Ors.
Bombay HCWP/9317/2011
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HIGH COURT OF JUDICATURE AT BOMBAY CIVIL…
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9317 OF 2011
M/s. Om Properties & Developer Vs
.. Petitioner
Pimpri-Chinchwad Municipal Corp & Ors .. Respondents
Mr. A.V. Anturkar i/b Mr. S.B. Deshmukh for the Petitioner
Mr. S.R. Thorat for Respondent Nos. 1 to 3
CORAM : D. D. SINHA &
SMT. V.K. TAHILRAMANI, JJ
DATE : 5th JANUARY, 2012.
P.C.:
1. Heard the learned counsel for the petitioner and learned counsel for respondents – Corporation.
2. The learned counsel for the petitioner has placed the following facts before us:
ii. Pursuant to the said tender notice, petitioner submitted his bid which was accepted by respondent no. 1 – Corporation and an agreement for development of commercial complex on BOT basis at Survey No. 9, Thergaon was executed between the petitioner and
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respondent no. 1 – Corporation on 13th July, 2010.
iii. The learned counsel for the petitioner has submitted that pursuant to the said agreement, part of the land in question was put in possession of the petitioner, however, some portion of the said land which was under encroachment was not given in possession of the petitioner.
iv. Learned counsel for the petitioner has submitted that in the month of May 2001, encroachment on the remaining portion of the land in question was removed by the Competent Authority and therefore, the petitioner made an application dated 10th August, 2011 to the Additional Commissioner (BOT Dept) for handing over the possession of the remaining portion of the land which was under encroachment. The learned Additional Commissioner did not take any decision thereon, however, by communication dated 16th August, 2011, returned the demand draft submitted by the petitioner.
3. Learned counsel for the respondents submitted that so far as issue pertaining to handing over possession of the remaining portion of land which was under encroachment is concerned, the petitioner may make a representation in this regard to the learned Additional Commissioner within a period of two weeks. It is submitted that if such representation is made by the
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petitioner, the same shall be considered in accordance with law and the procedure applicable in this regard by the Additional Commissioner within a period of four weeks from the date of the receipt of such representation.
4. In view of the above referred facts, it is evident that the Corporation is ready and willing to consider the representation of the petitioner in respect of the issue referred herein above and therefore, we permit the petitioner to make a representation accordingly, within a period of two weeks and it will be open for the Additional Commissioner to decide the same within a period of four weeks from the date of receipt of such representation in accordance with law and the procedure applicable in this regard.
6. In view of above directions, nothing survives at this stage in the petition and the same is disposed of accordingly.
[ SMT. V.K. TAHILRAMANI, J ]
[ D. D. SINHA, J ]
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M/s. Om Properties & Developer
Pimpri-Chinchwad Municipal Corp
D. D. Sinha
V. K. Tahilramani
As recorded by the court registry
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